Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Conduct of accused running from spot of incident - PW1 present along with PW3 and PW7 did not depose that after the incident, he saw accused running away from the spot - Neither PW3 nor PW7 did elaborate details about direction in which accused was possessing axe, what..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused inflicted seven injuries on deceased and PW3 who was sleeping in the same room had not heard any noise of deceased - Prosecution theory and evidence of wife of deceased/PW3 do not inspire confidence - Testimony of doctor that he cannot say weapon shown to him in Court was the same with which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149 -- Bail - Double murder case - Accused specifically named in FIR, which was lodged shortly after the incident - Father and uncle of complainant died - Issue as to whether there was a grave and sudden provocation is a matter of trial - High Court was not justified in..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused confessed that a quarrel ensued between him and deceased on a small matter and in course of quarrel accused hit deceased with iron rod at the heat of passion - Confessional statement of accused was duly recorded by Magistrate, which also lends support to eye witness's account and averment made..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence - Evidence regarding last seen of deceased with accused is shrouded with contradictions and inconsistencies - Prosecution thus, not proved last seen evidence conclusively...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon - Accused while in police custody confessed that he has murdered deceased by means of a gun and that he will show the spot of occurrence and produced gun before witness - No statement given by accused regarding information of place of concealment even..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Motive - Prosecution stated that deceased has illicit relationship with cousin sister of accused, which drived accused to commit murder of deceased - However all statements made by PWs including PW4 are hearsay evidence which are not admissible in evidence - No witness stated that they have direct..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - 90% burn injuries - Magistrate recorded statement of deceased after noticing that she was in fit condition to make a declaration - Deceased stated in her dying declaration that accused poured kerosene oil on her and set her ablaze - Though family members of deceased were..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Statements of mother and maternal uncle of deceased corroborate prosecution case - Deceased was tortured at the hands of accused and his family members - Dying declaration of deceased establishes guilt of accused - Guilt of accused proved on record - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
